Court File and Parties

CITATION: Aragona v. Aragona, 2010 ONCA 863

DATE: 20101215

DOCKET: C52317

COURT OF APPEAL FOR ONTARIO

Goudge, Cronk and Epstein JJ.A.

BETWEEN

Robert Aragona

Applicant (Respondent)

and

Beniamino Aragona, guardian of property for Maria Emilia Aragona, and the Public Guardian and Trustee

Respondents (Appellant)

COUNSEL:

John W. Bruggeman, for the appellant

J. Greg Murdoch, for the respondent

HEARD: December 14, 2010

On appeal from the judgment of Justice Douglas K. Gray of the Superior Court of Justice, dated June 8, 2010.

APPEAL BOOK ENDORSEMENT

[1] The appellant acknowledges his obligation to pass the accounts in question but argues that leave was required, but not sought or granted. In our view, leave was expressly raised by the respondent below, and was implicitly granted by Gray J. The respondent’s position as beneficiary and trustee named under the will is ample basis for this exercise of discretion, even if the will is contested.

[2] As to the scope of the order appealed from, we see no basis to interfere. We are confident, however, that if the accounts have previously been passed to a point in 2001, proper proof of that will be sufficient to avoid the need to redo the accounts for that period.

[3] Finally, as to the costs ordered below we simply have been presented with an insufficient record to warrant interfering.

[4] The appeal is dismissed. Costs to the respondent fixed at $3000 inclusive of disbursements and applicable taxes.